Lawyers and human rights actors across Africa are in Sierra Leone to showcase efforts made so far in working toward the decriminalization and declassification of petty offences. Petty offences are those offences that are not unlawful but do not meet the principles of legality.
The 366 resolution on the need to develop principles on the declassification and decriminalization of petty offences in Africa that was agreed at the extraordinary session of the African Commission on Human and People’ Rights (ACHPR) in The Kambia, adopted the Ouagadougou declaration and plan of action on accelerating Prisons and penal reforms in Africa.
The body calls on state parties to the Charter to declassify and decriminalize minor offences, such as being a vagabond, loitering, prostitution, failure to pay debts and disobedience to parents,’ as a strategy for reducing prison overcrowding.
The ACHPR noted, “The enforcement of petty offences have the effect of punishing, segregating, controlling and undermining persons on the basis of their status, and further infringe on the autonomy of persons by restricting their performance of socio-economic activities in public places.”
In the Sierra Leone conference the representative from the African Policing Civilian Oversight Forum (APCOF), Melody Kazah, did a presentation on decriminalization of petty offences. She said, “It is mandatory under Article 45(1)(b) of the African Charter to formulate and lay down principles and rules aimed at solving legal problems relating to human and peoples rights and fundamental freedom upon which African governments may base their legislation.”
She said states are being guided on the decriminalization of petty offences in Africa in terms of Articles, 2, 3, 5, and 6 of the ACHPR establish standards against which petty offences were created by law or by-laws. She defines petty offences as, “Minor offences for which the punishment is prescribed by law to carry a warning, community service, a low value fine or short term of imprisonment, often for failure to pay the fine.”
Kazah said petty offences are ‘inconsistence with Articles 2, 3, and 18 of the African Charter on the right to equality and non-discrimination. She said they are inconsistence also with the principles of equality before the law and non-discrimination on the basis that they either target, or have a disproportionate impact on, the poor, vulnerable persons, key populations or on the basis of gender.
She called for compliance with the rule of law, legitimate necessary and proportionately in making sure criminal laws are in pursuit of a legitimate objective and to also ensure states satisfy regional and International human rights standards, including the principles of equality before the law and non-discrimination.
Gassan Abess, from the Center for Accountability and Rule of Law (CARL), said if petty offences are decriminalized, government can save more money on food for inmates on a daily bases. Government spends Le60,000 to feed one inmate per day. Many inmates in correctional centres and police custody were arrested for committing petty offences.
Gassan said out of 78% arrested and sentenced within March and May this year, males account for 27% for committing petty offences whiles 30% arrested female are for petty offences. He said out of the 9 arrested offences 6 are on minor issues that can be addressed through mediation and other community disputes resolution mechanism.
The Country Director of AdvocAid, Daniel Eyre, said many of those petty offences come from the 1965 Public Order Act. He stressed that very often sex workers are arrested under loitering offences, which are discriminatory. Threatening and Abusive language laws are not in line with human rights standards.
The group recommended the decriminalization and declassification of petty offences. They also called for adequate legal assistance and representation, and for the reduction on the misuse of petty offences.
MK/23/11/17
By Mohamed Kabba
Twitter: @chikakabba
Friday November 24, 2017.
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